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In re USACafes, L.P. Litigation
Citation:600 A.2d 43 (1991)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Partnership was formed in the 1986 reorganization of the business of USACafes, Inc. Also formed as part of that reorganization was USACafes General Partner, Inc. They are named defendants. Mesta, the buyer of the Partnership’s assets, is also named as the defendant. The complaint involves an alleged breach of the duty of loyalty. It claims that the sale of the partnership’s assets was at a low price, favorable to Metsa, because the directors of the general partner all received substantial side payments that induced them to authorize the sale of the partnership assets for less than the price that a fair process would have yielded.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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